If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the Court, but if omitted, the power of the inferior Court or officer is not suspended or the proceedings stayed.
§ 1072.Words Requiring Stay
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1072 gives the court discretion to omit the stay language from a writ of review when a stay isn't intended, and clarifies that omitting those words leaves the inferior tribunal's or officer's power intact and the underlying proceedings unstayed.
Full Text of § 1072
Plain-English Summary
Section 1071 lets a writ of review command the responding party to desist from further proceedings, and that command has the practical effect of a stay. Section 1072 makes clear this stay effect is optional.
If the court doesn't intend to stay the underlying proceedings, the words requiring the stay must be left out of the writ. Whether to include or omit those words sits in the court's sound discretion. And the consequence of leaving them out is explicit: the inferior tribunal's or officer's power isn't suspended, and the proceedings under review aren't stayed while the writ of review is pending.
Frequently Asked Questions
Does a writ of review always stop the tribunal from acting further?
No. Section 1072 lets the court omit the stay language, in which case the tribunal's power isn't suspended and its proceedings continue.
Who decides whether the stay language is included in the writ?
The court, exercising its sound discretion based on whether a stay is meant to apply in that case.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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